The Delaware Supreme Court’s 3-2 Aearo Technologies LLC Insurance Appeals decision on August 12, 2025 affirmed a lower court ruling that payment of defense costs by a non-insured did not count toward the insured’s self-insured retention, and that the insured’s payment of the self-insured retention was a condition precedent to the insurer’s obligation to cover losses under the policy. The majority evaluated the policy language at issue, and applied Delaware’s contractarian approach of honoring…
By: Kennedys
By: Kennedys
